Legal Opinion
Cooper v. Westchester County
District Court, S.D. New York
Decided December 10, 1941PublishedCited by 4 opinions
1Opinion of the Court
GALSTON, District Judge.
The plaintiff, pursuant to the provisions of Rule 12(d) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moves for a preliminary hearing on the defenses presented by paragraphs 2 and 5 of defendant s answer.
The action is one for infringement of three patents of the plaintiff. Usually the only issues in such action are validity and infringement of the patents. However, this complaint alleges infringement by the defendant through certain agencies, which led the defendant to set up the defenses which the plaintiff now challenges. It is alleged in the…
2Cases cited10 opinions
- Lincoln County v. LuningSupreme Court of the United States · 1890
- Louisiana Highway Commission v. FarnsworthCourt of Appeals for the Fifth Circuit · 1935
- McCreery Engineering Co. v. Massachusetts Fan Co.Court of Appeals for the First Circuit · 1912
- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Wilson v. BeardCourt of Appeals for the Second Circuit · 1928
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Perez Ruiz v. Crespo GuillenCourt of Appeals for the First Circuit · 1994
- Stroughter v. United StatesUnited States Court of Federal Claims · 2009
- Clifford D. Smith v. Piper Aircraft CorporationCourt of Appeals for the Fifth Circuit · 1970
- Croft v. GULF & WESTERN INDUSTRIES, INC.Court of Appeals of Oregon · 1973